Monthly Archives: October 2013

New Jersey Foreclosure Fraud: “a new hope” litigation saga (and a 28 letter to Magistrate Lois H. Goodman)

At Trenton and Monmouth, in 2013-2014, as in December 1776-June 1778, middle class Americans are fighting against fundamentally foreign, oppressive, bank-based elite wealth and power for their freedom, fortunes, honor, and integrity, their ability to maintain their homes and private property.  Please read the four court attachments here starting with Dara Leigh Bloom’s 19 October 2013 letter to U.S. Magistrate Judge Lois H. Goodman of the United States District Court, District of New Jersey, Trenton Vicinage.  The docket through this date has no text content and is attached only for historical framework and reference.

19 October 2013 WELLS FARGO BANK NA V MASTORIS ET AL

10-19-13 Letter to Judge Goodman0001

08-21-2013 PRO SE Lincoln’s & Mastoris’ Joint Notice of Civil Rights Removal

FINAL 09-25-2013 Lincoln’s & Mastoris’ Complaint for Civil Rights Declaratory & Injunctive Relief (Recovered)

Russia Warns Travellers US Cops Are On “Unprecedented” Killing Spree

Shocking Travel Alert Warns US Cops Are On “Unprecedented” Killing Spree

by THETOTALCOLLAPSE.COM on OCTOBER 18, 2013

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A shocking report prepared by the Ministry of Foreign Affairs (MFA) for the Federal Assembly (FA) is urging a new law be passed giving to all Russians traveling to the United States a “warning” that American police officers have entered upon an“unprecedented killing spree” that in the past decade has seen nearly 5,000 innocent civilians gunned down without benefit of either charges being filed, or being convicted of a crime.

Two of the worst American cities for police abuse likely to be visited by Russian citizens, this report says, are Chicago, which was condemned by the United Nations for its practice of widespread police torture, and New York City whose government paid out over $1 billion between 2000-2010 in lawsuit claims related to police abuse, and last year, 2012, had to pay out another $131 million to settle civil rights and police abuse claims too.

Grimly to be noted, this report continues, are that the statistics for the nearly 5,000 people killed by American police officers in the past decade, including 587 killed in 2012 alone, may not even be the true total of these deaths as a study of killings by police from 1999 to 2002 in the Central Florida region found that US national databases included only one-fourth of the number of persons killed by police as reported in the local news media.

To the types of people being targeted by these US police “killing machines,” this report says, are many with disabilities and mental illness, including:

Down Syndrome patient Robert Ethan Saylor, 26, who was brutally straggled to death by 3 Maryland sheriff’s deputies on 12 January and whose last words were cries for his “mommy” to come help him.

Mentally ill patient Bobby Bennett, 53, brutally shot by Dallas Texas police officers on 14 October while standing in the street in front of his house not threatening anyone. [See video HERE]

To the “kill first” mentality of American police officers this report cites the 29 November 2012 public execution of Timothy Russell and Malissa Williams by Cleveland Ohio police officers, who for daring to flee from police after a traffic stop were chased by 104 police officers for 25-minutes and then gunned down in a hail of 137 bullets.

Even though 63 of the 104 Cleveland police officers were suspended for the execution of Russell and Williams, this report says, no officers in the killing of Saylor or the shooting of Bennett have been charged.

In fact, this report states, the lack of American authorities holding their police officers responsible for killing of innocents is virtually unheard of in the United States and has caused this unprecedented “explosion” of police violence.

Equally to be blamed, this report continues, are America’s wars over the past 12-years that has filled its police departments with veterans from Iraq and Afghanistan who have yet to acclimate to civilian life and are, in essence, still in “combat mode.”

Two of the many examples cited in this report of this “combat mode” mentality held by American police officers include:

Allen Hicks, in 2012, who was arrested by Tampa Florida police officers for “not following orders” and was thrown into a jail cell where he was later found to be having a stroke, and which a few months later he died from in hospital.

Elliott Williams, in 2011, who was arrested by Tulsa Oklahoma police officers on a minor charge and was left in his jail cell for 5 days until he died, all the while being neglected and his health ignored.

What’s even worse, this MFA report warns, is that this unprecedented “killing spree” US police officers are now on is only going to get worse as these once honored guardians of the peace have become more militarized.

And as further warned about the American Civil Liberties Union (ACLU): “American neighborhoods are increasingly being policed by cops armed with the weapons and tactics of war.”

To if the Obama regime will attempt to stop this police “killing spree,” this report concludes, it does not appear likely as President Obama has just nominated as his new Homeland Security Secretary former Pentagon lawyer Jeh Johnson, and who has said, “US citizens do not have immunity from assassination when they are at war with the United States.”

And to whom these Obama regime leaders feel they are “at war with, the MFA says, was recently revealed in US Court documents relating to a lawsuit against the Transportation Security Administration (TSA) which shockingly revealed that the invasive personal searches conducted by them upon their own citizens has nothing to do with preventing terrorism, but is, instead, designed to make these people as compliant to police authority as possible.

October 18, 2013 © EU and US all rights reserved. Permission to use this report in its entirety is granted under the condition it is linked back to its original source at WhatDoesItMean.Com. Freebase content licensed under CC-BY and GFDL.

 

The Judicial System in the United States is TOTALLY BROKEN—time to restore trial-by-combat

Rather like Ebenezer Scrooge’s endless chains in Hell, shown to him by his late Partner Marley as those he forged in life, as described in Charles Dickens’ “Christmas Carol” (yea, folks, it’s almost that time of year again), the docket report for Liberi v. Taitz had to be split into three Parts even to be stored by the Federal Courts online.  And here they are, for those with seriously pointless sado-masochistic tendencies who might want to study this whole pointless case from start to finish: LISA LIBERI ET AL V ORLY TAITZ ET ALLISA LIBERI ET AL V ORLY TAITZ ET AL-1LISA LIBERI ET AL V ORLY TAITZ ET AL-2

Cases that go on for four and a half years without ever reaching a jury trial or other final conclusion strongly suggest that some people in the United States have too much time or too much money on their hands, and that the courts serve no important function in our society whatsoever.  My solution is simple: restore trial-by-combat, make sure that every American over the age of 14 knows how to use firearms and swords (or bazookas and laser guns, I don’t care) and disputes will be settled quickly and at much less cost in both monetary and emotional terms. “Bang-bang, you’re dead” resolution of disputes could also assist in such critical matters as population control, ironically cause people to value the fragility of each human life more than they now do, and generally improve the morale of our civilization.

I was very peripherally involved in the monstrous, marathon and essentially pointless litigation that started in May 2009 when Philip J. Berg, Lisa Liberi, and Lisa Ostella filed suit against Orly Taitz for libel and slander.  (If there had ever been anything real or sincere about Orly Taitz she would have apologized, paid a nominal amount of damages, published a retraction, and walked away).  I have no earthly idea how the Plaintiffs can afford this litigation (no insurance coverage, no nothing—I know I couldn’t afford to stay involved with private funds only).  I am reasonably certain that Barack Obama is backing Orly Taitz (who else?) for the simple reason that Orly Taitz, by her shear spectacular incompetence, whether that incompetence is sincere and accidental or a carefully orchestrated stage act of “simulated litigation,” has done more to uphold Obama against the very real charges of lack of bare constitutional qualifications to seek or occupy the office of President of the United States than Obama ever could have done by defending himself.  (This could be called the “Saul Alinsky School of Stalinist Show Trial litigation.”)  But the Judge in Orange County, Andrew J. Guilford, is apparently under orders not to interfere with or restrain Orly’s reign of error, as shown in this recent order clarifying “There was no Finding by this Court that Taitz never lied”:

635 06/20/2013 MINUTE ORDER IN CHAMBERS BY JUDGE ANDREW J. GUILFORD: ORDER RE SANCTIONS.THIS COURT THEREFORE DECIDED NOT TO SANCTION TAITZ FOR MISREPRESENTATIONS ABOUT SANCTIONS AGAINST HER, HOPING THAT THE PARTIES WOULD BETTER FOCUS ON THE SUBSTANTIVE ISSUES IN THIS LITIGATION. THERE WAS NO FINDING BY THIS COURT THAT TAITZ NEVER LIED. (TWDB) (ENTERED: 06/21/2013)

So this preposterous, pointless case will just go on and on and on, apparently.   The proceedings just since April 1 of this year exemplify  the operation of a broken, pointless litigation in a broken, anchorless and rutterless judicial system, more concerned with formalities than ever addressing any issue.  Orly Taitz is now appealing, for a Second Time to the Ninth Circuit, Judge Guilford’s denial of her anti-SLAPP Motion to Strike.  Otherwise it looks bad for Philip J. Berg:

DOCKET PROCEEDINGS (621)

Entry #: Date: Description:
656 09/19/2013 MINUTE ORDER IN CHAMBERS BY JUDGE ANDREW J. GUILFORD: ORDER RE REQUEST FOR ADDITIONAL ORDER. THE COURT THUS REFUSES COUNSELS REQUEST. (TWDB) (ENTERED: 09/23/2013)
655 09/18/2013 NOTICE OF FILING TRANSCRIPT FILED FOR PROCEEDINGS RE TRANSCRIPT 654 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (PADDOCK, DENISE) TEXT ONLY ENTRY 09/18/2013 654 TRANSCRIPT FOR PROCEEDINGS HELD ON 061713 DCCD GUILFORD 10D LIBERI CT. COURT REPORTER/ELECTRONIC COURT RECORDER: DENISE PADDOCK, PHONE NUMBER WWW.OCRECORD.COM. TRANSCRIPT MAY BE VIEWED AT THE COURT PUBLIC TERMINAL OR PURCHASED THROUGH THE COURT REPOR TER/ELECTRONIC COURT RECORDER BEFORE THE DEADLINE FOR RELEASE OF TRANSCRIPT RESTRICTION. AFTER THAT DATE IT MAY BE OBTAINED THROUGH PACER. NOTICE OF INTENT TO REDACT DUE WITHIN 7 DAYS OF THIS DATE. REDACTION REQUEST DUE 10/9/2013. REDACTED TRANSCRI PT DEADLINE SET FOR 10/19/2013. RELEASE OF TRANSCRIPT RESTRICTION SET FOR 12/17/2013. TO ORDER TRANSCRIPTS: WWW.OFFICIALCOURTTRANSCRIPTS.COM(PADDOCK, DENISE) (ENTERED: 09/18/2013)
654 09/18/2013 TRANSCRIPT FOR PROCEEDINGS HELD ON 061713 DCCD GUILFORD 10D LIBERI CT. COURT REPORTER/ELECTRONIC COURT RECORDER: DENISE PADDOCK, PHONE NUMBER WWW.OCRECORD.COM. TRANSCRIPT MAY BE VIEWED AT THE COURT PUBLIC TERMINAL OR PURCHASED THROUGH THE COURT REPORTER/ELECTRONIC COURT RECORDER BEFORE THE DEADLINE FOR RELEASE OF TRANSCRIPT RESTRICTION. AFTER THAT DATE IT MAY BE OBTAINED THROUGH PACER. NOTICE OF INTENT TO REDACT DUE WITHIN 7 DAYS OF THIS DATE. REDACTION REQUEST DUE 10/9/2013. REDACTED TRANSCRIPT DEADLINE SET FOR 10/19/2013. RELEASE OF TRANSCRIPT RESTRICTION SET FOR 12/17/2013. TO ORDER TRANSCRIPTS: WWW.OFFICIALCOURTTRANSCRIPTS.COM(PADDOCK, DENISE) (ENTERED: 09/18/2013)
653 09/09/2013 MINUTES (IN CHAMBERS): ORDER BY JUDGE ANDREW J. GUILFORD: GRANTING 650 MOTION FOR SUMMARY JUDGMENT. THE COURT HAS REVIEWED THIS MATTER AND FINDS IT APPROPRIATE FOR RESOLUTION WITHOUT A HEARING. SEE L.R. 7-12, 7-15. DEFENDANT’S MOTION IS GRANTED. THE HEARING SCHEDULED FOR SEPTEMBER 23, 2013 IS VACATED. (SEE DOCUMENT FOR FURTHER DETAILS) (DG) (ENTERED: 09/09/2013)
652 08/07/2013 AMENDMENT TO MOTION FOR SUMMARY JUDGMENT AS TO ENTIRE ACTION AS TO PLAINTIFF BERG 650 NOTICE OF CORRECTION OF DATE FILED BY DEFENDANT TODD SANKEY. (COLEN, MARC) (ENTERED: 08/07/2013)
650 08/05/2013 NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AS TO ENTIRE ACTION AS TO PLAINTIFF BERG FILED BY DEFENDANT TODD SANKEY. MOTION SET FOR HEARING ON 9/2/2013 AT 10:00 AM BEFORE JUDGE ANDREW J. GUILFORD. (ATTACHMENTS: # 1 MEMORANDUM MEMORANDUM OF POINTS AND AUTHORITIES BY TODD SANKEY AND THE SANKEY FIRM, INC., # 2 SUPPLEMENT SEPERATE STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW, # 3DECLARATION DECLARATION OF TODD SANKEY, # 4 PROPOSED ORDER PROPOSED ORDER)(COLEN, MARC) (ENTERED: 08/05/2013)
651 07/30/2013 ORDER BY JUDGE ANDREW J. GUILFORD: GRANTING 647 REQUEST TO SUBSTITUTE ATTORNEY. ATTORNEY RANDY ALAN BERG AND STEPHEN H MARCUS TERMINATED. (TWDB) (ENTERED: 08/05/2013)
648 07/26/2013 MINUTE ORDER IN CHAMBERS BY JUDGE ANDREW J. GUILFORD: ORDER DENYING REQUEST TO LIFT STAY AND FILE A MOTION FOR RECONSIDERATION. (TWDB) (ENTERED: 07/29/2013)
647 07/26/2013 FIRST REQUEST TO SUBSTITUTE ATTORNEY PHILIP J. BERG IN PLACE OF ATTORNEY RANDY A. BERG FILED BY PHILIP J. BERG PHILIP J. BERG. (ATTACHMENTS: # 1 PROPOSED ORDER PROPOSED ORDER)(MARCUS, STEPHEN) (ENTERED: 07/26/2013)
649 07/24/2013 MINUTE ORDER IN CHAMBERS BY JUDGE ANDREW J. GUILFORD: ORDER GRANTING REQUEST TO FILE MOTION TO BE RELIEVED AS COUNSEL. ON JULY 22, 2013, STEPHEN MARCUS AND RANDY BERG REQUESTED LEAVE OF COURT TO FILE A MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFFS PHILIP J. BERG AND THE LAW OFFICES OF PHILIP J. BERG. (JULY 22, 2013 LETTER.) (TWDB) (ENTERED: 07/29/2013)
646 07/17/2013 NOTIFICATION BY CIRCUIT COURT OF APPELLATE DOCKET NUMBER 13-56253 9TH CCA REGARDING NOTICE OF APPEAL TO 9TH CIRCUIT COURT OF APPEALS 643 . (DMAP) (ENTERED: 07/18/2013)
645 07/17/2013 NOTIFICATION BY CIRCUIT COURT OF APPELLATE DOCKET NUMBER 13-56250, 9TH CCA REGARDING NOTICE OF APPEAL TO 9TH CIRCUIT COURT OF APPEALS 642 AS TO DEFENDANT DEFEND OUR FREEDOMS FOUNDATIONS, INC. (CAR) (ENTERED: 07/18/2013)
644 07/17/2013 REPRESENTATION STATEMENT RE NOTICE OF APPEAL TO 9TH CIRCUIT COURT OF APPEALS 643 . (CUNNINGHAM, JEFFREY) (ENTERED: 07/17/2013)  
643 07/17/2013 NOTICE OF APPEAL TO THE 9TH CCA FILED BY DEFENDANT ORLY TAITZ. APPEAL OF ORDER ON MOTION TO COMPEL ANSWERS TO INTERROGATORIES,, ORDER ON MOTION FOR HEARING 632 (APPEAL FEE OF $455 RECEIPT NUMBER 0973-12413880 PAID.) (CUNNINGHAM, JEFFREY) (ENTERED: 07/17/2013)
642 07/16/2013 NOTICE OF APPEAL TO THE 9TH CCA DEFEND OUR FREEDOMS FOUNDATIONS, INC.. APPEAL OF ORDER ON MOTION TO COMPEL ANSWERS TO INTERROGATORIES,, ORDER ON MOTION FOR HEARING 632(APPEAL FEE OF $455 RECEIPT NUMBER 0973-12412304 PAID.) (TAITZ, ORLY) (ENTERED: 07/16/2013)
641 07/12/2013 MINUTE ORDER IN CHAMBERS BY JUDGE ANDREW J. GUILFORD: ORDER DENYING PENDING REQUESTS, RE MINUTE ORDER 227 . (TWDB) (ENTERED: 07/15/2013)
640 06/26/2013 MINUTE ORDER IN CHAMBERS BY JUDGE ANDREW J. GUILFORD: ORDER RE PENDING REQUESTS AND NOTICE OF DISCIPLINARY ACTION (TWDB) (ENTERED: 06/27/2013)
639 06/25/2013 OBJECTIONS TO RESPONSE (NON-MOTION), 637 OBJECTION TO PLEADINGS, DEFAMATORY STATEMENTS FILED BY PHILIP BERG AS AN ATTORNEY FOR PLAINTIFFS AFTER HIS LAW LICENSE WAS SUSPENDED FOR TWO YEARS FILED BY DEFENDANT DEFEND OUR FREEDOMS FOUNDATIONS, INC.. (ATTACHMENTS: # 1 DECLARATION DECLARATION BY ORLY TAITZ REGARDING TRUE AND CORRECT RECORDS OF BERG’S SUSPENSION PROVIDED BY TAITZ, # 2 DECLARATION DECLARATION BY LIBERI REGARDING SENDING LETTERS TO THE CLIENT, WHICH WERE NEVER SENT, # 3 APPENDIX BERG’S RESPONSE TO THE DISC. BOARD CLAIMING SENDING LETTERS TO THE CLIENT WHICH WERE NEVER MAILED, # 4 APPENDIX PP 186, 187 TRANSCRIPT REGARDING FABRICATED LETTERS BY LIBERI, BERG)(TAITZ, ORLY) (ENTERED: 06/25/2013)
637 06/24/2013 RESPONSE FILED BY PLAINTIFFS PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERGTO NOTICE OF DECISION BY OTHER COURT, 636 ; TABLE OF CONTENTS; DECLARATION OF PHILIP J. BERG, ESQUIRE; AND CERTIFICATE OF SERVICE (ATTACHMENTS: # 1 TABLE OF CONTENTS, # 2 DECLARATION OF PHILIP J. BERG, ESQUIRE, # 3 CERTIFICATE OF SERVICE) (BERG, PHILIP) (ENTERED: 06/24/2013)
636 06/21/2013 NOTICE OF DECISION: DECISION BY THE SUPREME COURT OF PA TO SUSPEND LAW LICENSE OF PHILIP BERG FOR 2 YEARS FILED BY DEFENDANT DEFEND OUR FREEDOMS FOUNDATIONS, INC.. (ATTACHMENTS: # 1 EXHIBIT ORDER BY THE SUPREME COURT OF PA TO SUSPEND LAW LICENSE OF PHILIP BERG FOR 2 YEARS)(TAITZ, ORLY) (ENTERED: 06/21/2013)
635 06/20/2013 MINUTE ORDER IN CHAMBERS BY JUDGE ANDREW J. GUILFORD: ORDER RE SANCTIONS.THIS COURT THEREFORE DECIDED NOT TO SANCTION TAITZ FOR MISREPRESENTATIONS ABOUT SANCTIONS AGAINST HER, HOPING THAT THE PARTIES WOULD BETTER FOCUS ON THE SUBSTANTIVE ISSUES IN THIS LITIGATION. THERE WAS NO FINDING BY THIS COURT THAT TAITZ NEVER LIED. (TWDB) (ENTERED: 06/21/2013)
634 06/20/2013 NOTICE OF APPEARANCE OR WITHDRAWAL OF COUNSEL: FOR ATTORNEY PHILIP J BERG COUNSEL FOR PLAINTIFFS PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERG. FILED BY PLAINTIFFS LISA LIBERI, LISA OSTELLA, GO EXCEL GLOBAL,. PHILIP J. BERG, ESQ., AND THE LAW OFFICES OF PHILIP J. BERG. (ATTACHMENTS: # 1 CERTIFICATE OF SERVICE)(BERG, PHILIP) (ENTERED: 06/20/2013)
633 06/19/2013 NOTICE APPEARANCE OF STEPHEN H. MARCUS, ESQ. WITH GITTLER & BRADFORD FILED BY PLAINTIFFS PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERG. APPEARANCE OF STEPHEN H. MARCUS, ESQ. WITH GITTLER & BRADFORD ON BEHALF OF PLAINTIFFS LISA LIBERI, LISA OSTELLA, GO EXCEL GLOBAL, PHILIP J. BERG, ESQ., AND THE LAW OFFICES OF PHILIP J. BERG (ATTACHMENTS: # 1 CERTIFICATE OF SERVICE)(BERG, PHILIP) (ENTERED: 06/19/2013)
632 06/18/2013 MINUTES (IN CHAMBERS): ORDER BY JUDGE ANDREW J. GUILFORD: RE PENDING MOTIONS AND REQUESTS: DENYING 618 MOTION. DENYING 578MOTION TO COMPEL RESPONSES TO INTERROGATORIES; DENYING 579 MOTION TO COMPEL. (RLA) (ENTERED: 06/18/2013)
638 06/17/2013 MINUTES OF MOTION HEARING HELD BEFORE JUDGE ANDREW J. GUILFORD RE DEFENDANT ORLY TAITZ MOTION TO STRIKE PLAINTIFF’S FIRST AMENDED COMPLAINT PURSUANT TO CA CCP SECTION 425.16. COURT AND COUNSEL CONFER. MOTION TO STRIKE IS DENIED. COURT REPORTER: DENISE PADDOCK. (DB) (ENTERED: 06/25/2013)
631 06/11/2013 OBJECTION BY DEFENDANT, ORLY TAITZ TO UNTIMELY DECLARATION OF PHILLIP J. BERG RE ANTI-SLAPP RE: MOTION FOR HEARING ANTI-SLAPP618 FILED BY DEFENDANT ORLY TAITZ. (CUNNINGHAM, JEFFREY) (ENTERED: 06/11/2013)
630 06/07/2013 DECLARATION OF PHILIP J. BERG, ESQUIRE RE OBJECTION/OPPOSITION (MOTION RELATED),, 623 , DECLARATION (MOTION RELATED) 625 IN SUPPORT OF PLAINTIFFS REQ. TO AN EXT. OF TIME AND IN RESPONSE TO TAITZ’S DECLARATION FILED BY PLAINTIFFS PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERG. (ATTACHMENTS: # 1 CERTIFICATE OF SERVICE)(BERG, PHILIP) (ENTERED: 06/07/2013)  
629 06/06/2013 AMENDMENT TO MOTION FOR HEARING ANTI-SLAPP 618 NOTICE OF ERRATA RE DEFENDANT ORLY TAITZ’S REPLY TO PLAINTIFFS’ UNTIMELY OPPOSITION TO ANTI-SLAPP FILED BY DEFENDANT ORLY TAITZ. (CUNNINGHAM, JEFFREY) (ENTERED: 06/06/2013)
628 06/06/2013 SUPPLEMENT TO MOTION FOR HEARING ANTI-SLAPP 618 TABLES OF CONTENTS AND AUTHORITIES OF MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO PLAINTIFFS’ UNTIMELY OPPOSITION TO ANTI-SLAPP FILED BY DEFENDANT ORLY TAITZ. (CUNNINGHAM, JEFFREY) (ENTERED: 06/06/2013)
627 06/06/2013 OBJECTION BY DEFENDANT TO PLAINTIFFS’ UNTIMELY REQUEST FOR JUDICIAL NOTICE RE: ANTI-SLAPP OPPOSITION RE: MOTION FOR HEARING ANTI-SLAPP 618 FILED BY DEFENDANT ORLY TAITZ. (CUNNINGHAM, JEFFREY) (ENTERED: 06/06/2013)
626 06/03/2013 OPPOSITION IN OPPOSITION TO PLAINTIFFS’ MOTION FOR EXTENSION OF TIME RE: MOTION FOR HEARING ANTI-SLAPP 618 FILED BY DEFENDANT ORLY TAITZ. (CUNNINGHAM, JEFFREY) (ENTERED: 06/03/2013)
625 06/03/2013 DECLARATION OF DEFENDANT, ORLY TAITZ IN REPLY TO PLAINTIFFS’ UNTIMELY OPPOSITION MOTION FOR HEARING ANTI-SLAPP 618 FILED BY DEFENDANT ORLY TAITZ. (CUNNINGHAM, JEFFREY) (ENTERED: 06/03/2013)  
624 06/03/2013 REPLY IN SUPPORT OF DEFENDANT’S MOTION MOTION FOR HEARING ANTI-SLAPP 618 FILED BY DEFENDANT ORLY TAITZ. (CUNNINGHAM, JEFFREY) (ENTERED: 06/03/2013)
623 06/02/2013 OPPOSITION OR IN THE ALTERNATIVE A MOTION FOR A 3 DAY EXT OF TIME UNTIL 5/31/13 TO RESPOND TO AND OBJECT TO TAITZ’S MTD AND RJN OPPOSITION RE: MOTION FOR HEARING ANTI-SLAPP 618 ; AND TAITZ’S NOTICE OF NON OPPOSITION 620 FILED BY PLAINTIFFS PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERG. (ATTACHMENTS: # 1 DECLARATION OF PHILIP J. BERG, # 2 DECLARATION OF LISA LIBERI, # 3 CERTIFICATE OF SERVICE)(BERG, PHILIP) (ENTERED: 06/02/2013)
622 05/31/2013 OBJECTIONS IN OPPOSITION TO DEF. ORLY TAITZ’S REQUEST FOR JUDICIAL NOTICE RE: MOTION FOR HEARING ANTI-SLAPP 618 ; CERTIFICATE OF SERVICE FILED BY PLAINTIFFS PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERG. (ATTACHMENTS: # 1 CERTIFICATE OF SERVICE)(BERG, PHILIP) (ENTERED: 05/31/2013)
621 05/31/2013 MEMORANDUM IN OPPOSITION TO MOTION FOR HEARING ANTI-SLAPP 618; REQUEST FOR JUDICIAL NOTICE; PROPOSED ORDER; AND CERTIFICATE OF SERVICE FILED BY PLAINTIFFS PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERG. (ATTACHMENTS: # 1 PROPOSED ORDER, # 2 CERTIFICATE OF SERVICE)(BERG, PHILIP) (ENTERED: 05/31/2013)
620 05/29/2013 NOTICE OF NON-OPPOSITION TO MOTION FOR HEARING ANTI-SLAPP 618FILED BY DEFENDANT ORLY TAITZ. (CUNNINGHAM, JEFFREY) (ENTERED: 05/29/2013)
619 05/10/2013 REQUEST FOR JUDICIAL NOTICE RE MOTION FOR HEARING ANTI-SLAPP618 FILED BY DEFENDANT ORLY TAITZ. (CUNNINGHAM, JEFFREY) (ENTERED: 05/10/2013)
618 05/10/2013 NOTICE OF MOTION AND MOTION FOR HEARING ANTI-SLAPP FILED BY DEFENDANT ORLY TAITZ. MOTION SET FOR HEARING ON 6/17/2013 AT 10:00 AM BEFORE JUDGE ANDREW J. GUILFORD. (CUNNINGHAM, JEFFREY) (ENTERED: 05/10/2013)
617 04/01/2013 ORDER FROM 9TH CCA FILED RE: NOTICE OF APPEAL TO 9TH CIRCUIT COURT OF APPEALS, 238 , NOTICE OF APPEAL TO 9TH CIRCUIT COURT OF APPEALS 285 F CCA # 11-56079 11-56164. APPELLEE’S OPPOSED MOTION TO TAX COSTS IS GRANTED IN PART. COSTS IN THE AMOUNT OF $1,051.50 ARE TAXED AGAINST APPELLANTS. APPELLANT’S TAITZ’S CROSS-MOTION TO TAX COSTS IS DENIED. THIS ORDER SERVES TO AMEND THE COURT’S PRIOR MANDATE. ORDER RECEIVED IN THIS DISTRICT ON 4/1/13. (CAR) (ENTERED: 04/04/2013)
616 04/01/2013 NOTICE OF CHANGE OF FIRM NAME AND ADDRESS BY MARC STEVEN COLEN ATTORNEY FOR DEFENDANT TODD SANKEY. CHANGING FIRM NAME TO THE COLEN LAW FIRM AND ADDRESS TO 2828 COCHRAN STREET, STE. 490, SIMI VALLEY, CA 93065. FILED BY DEFENDANT TODD SANKEY. (COLEN, MARC) (ENTERED: 04/01/2013)
615 04/01/2013 SUPPLEMENT TO MOTION TO COMPEL RESPONSES AND RESPONSIVE DOCUMENTS TO PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANTS TODD SANKEY AND THE SANKEY FIRM, INC.; TO BE HEARD BEFORE JUDGE GUILFORD PURSUANT TO COURT ORDER 579 , MOTION TO COMPEL ANSWERS TO INTERROGATORIES OF DEFENDANTS TODD SANKEY AND THE SANKEY FIRM, INC. TO BE HEARD BY JUDGE GUILFORD PURSUANT TO COURT ORDER 578 SUMMARY OF ARGUMENTS IN OPPOSITION TO MTCS FILED BY DEFENDANT TODD SANKEY. (COLEN, MARC) (ENTERED: 04/01/2013)
614 04/01/2013 PLAINTIFFS’ ARGUMENTS IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL TODD SANKEY AND THE SANKEY FIRM, INC. TO PROPERLY RESPOND AND PROVIDE RESPONSIVE DOCUMENTS TO PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS; FOR ATTORNEY FEES AND COSTS; AND FOR SANCTIONS RE MOTION TO COMPEL RESPONSES AND RESPONSIVE DOCUMENTS TO PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANTS TODD SANKEY AND THE SANKEY FIRM, INC.; TO BE HEARD BEFORE JUDGE GUILFORD PURSUANT TO COURT ORDER 579 ; AND CERTIFICATE OF SERVICE FILED BY PLAINTIFFS PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERG. (ATTACHMENTS: # 1 CERTIFICATE OF SERVICE)(BERG, PHILIP) (ENTERED: 04/01/2013)
613 04/01/2013 PLAINTIFFS’ ARGUMENTS IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL TODD SANKEY AND THE SANKEY FIRM, INC. TO PROPERLY RESPOND TO PLAINTIFFS’ INTERROGATORIES; FOR ATTORNEY FEES AND COSTS; AND FOR SANCTIONS RE MOTION TO COMPEL ANSWERS TO INTERROGATORIES OF DEFENDANTS TODD SANKEY AND THE SANKEY FIRM, INC. TO BE HEARD BY JUDGE GUILFORD PURSUANT TO COURT ORDER 578 ; AND CERTIFICATE OF SERVICE FILED BY PLAINTIFFS PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERG. (ATTACHMENTS: # 1 CERTIFICATE OF SERVICE)(BERG, PHILIP) (ENTERED: 04/01/2013)

My good procyonid friend here just does not understand humans—(especially lawyers) do you blame him?

It's All I REALLY miss about Living in Lago Vista, though

Humans are INCOMPREHENSIBLE, especially lawyers….

New Orleans’ Top Federal Lawman came here to Confiscate Guns in Louisiana, and to change the psychology of the people…. and to go to schools to ask children to sign a Pledge to inform on their parents and friends who have guns…..

(1) Night before last, Wednesday, 9 October, for the second time I attended a lecture in a lecture series “Voices of Hope” at Trinity Episcopal Church at 1329 Jackson Avenue in New Orleans, about five blocks from where I’ve been living since March 8 of this year.  The program for last night had not been announced in advance (apparently for security reasons), but last week I attended a presentation by Clancy DuBos, political editor for the New Orleans Gambit and it was just interesting enough that I wanted to follow up, especially given the delights of the children’s choir at the 5:30 Wednesday Eucharist and the Wednesday dinner that follows.  (Mr. Dubo’s great message of hope for the people of New Orleans on October 2 was that the city’s two biggest problems were, “Crime and Keeping Water out of the City”; he apparently spent 40 years as an alternative press journalist to reach this conclusion…..but curiously, it was a fairly good lead in to the October 9 presentation)
(2) Kenneth A. Polite, Jr., is a good-looking, articulate, very “polite”, and friendly African American lawyer of impeccable establishment (Eastern Seaboard) credentials who claims (at 37) to be the second youngest U.S. Attorney currently serving in the United States.  He as born in New Orleans in 1976 when I was a Freshman/rising Sophomore at the College of Arts & Sciences at Tulane and attended De la Salle High School uptown on St. Charles—a world away, as he said, from the world into which he was born and raised “mostly” by his mother.  13 years after I graduated Tulane in 1980, K.A. Polite followed the common path of so many of the best and brightest everywhere from De la Salle in 70118 to Harvard 02138, where he graduated in 1997, and then attended Georgetown U. Law Center, where he received his J.D. in 2000 after editing an American Criminal Law Review.  Since then he has served with several major law firms in Delaware, New York, and New Orleans, in addition to serving for three years as an Assistant U.S. Attorney in New York 2007-2010. He was interested in criminal law and “gun violence” from childhood, because his father was a New Orleans (NOPD Second Police District, 4317 Magazine Street Across from Casamento’s Restaurant, right by St. George’s Episcopal School) police officer and, perhaps more significantly because his older brother was killed in a street gunfight in New Orleans when Kenneth was a teenager.
(3) Kenneth A. Polite, Jr., (do people just naturally conform to their surnames, like the long-time Yale archaeologist “Frank Hole”, the distinguished New York Court of Appeals Judge “Learned Hand”, the New Orleans Civil Rights Enforcer “John Minor Wisdom”, or my stodgy Trust officer, after my grandfather’s death, when I was in my first and second years at Harvard, “James Dullworth?”), Kenneth A. Polite, Jr., defines his primary mission in the 13 Parishes of the Eastern District of Louisiana as “to stop Gun Violence, and that means disarming the most heavily armed state in the union”, and specifically to overcome and invalidate Louisiana Amendment 2, which passed last year with 74% of the popular vote, and guaranteed “Strict Scrutiny” for any and all restrictions on the right to keep and bear arms.  Amendment 2 gave Louisiana gun-owners the strongest possession rights of any state, and Judge Darryl Derbigny, a fellow-Tulanian undergraduate (Columbia Law School, who formerly taught at Loyola Law school next door to Tulane) and self-described “Cajun-Jeffersonian” black Judge in New Orleans, ruled on March 25 of this year that the protection even extends to convicted felons who have served their time and been released, invalidating one of the particularly discriminatory aspects of gun control laws, which is that, once charged with (never mind convicted of) any felony, or any crime of “domestic violence”, no matter what the nature of the crime, a person loses his Second Amendment right to keep and bear arms FOREVER, not subject to restoration except by special Presidential or Gubernatorial order (under the Executive Pardon Power).  
(4) Kenneth A. Polite, Jr., made sure to specify that the arrest and conviction of all beneficiaries of Louisiana Amendment 2 was among his top priorities, but far beyond that, that he wanted to “stamp out the culture of guns” in Louisiana “once and forever, because this state is too dangerous.”  
(5) “The Louisiana Courts’ exemption for convicted Felons is subordinate to Federal Law and must not be allowed to prevail, and I have directed the 55 attorneys under my direction to use the full extent of our prosecutorial discretion to make this one of the top priorities of our enforcement program.  Saving lives by confiscating guns is more important than any other of the four pillars of justice to the justice department program.  This is part of the war on terrorism, this is part of the war for helpless victims, this is part of remaking America.”
(6) To my mind, one of the more amazing proposals Kenneth A. Polite, Jr., ever so politely made was effectively to enroll every child as a Federal agent against guns. “We want to implement here the program started in South Carolina schools, and that’s the second most heavily armed state in the Union, where we ask every High School Student to sign a detailed pledge and promise to report all gun ownership, whether it’s their friends or family, to the U.S. Attorney’s Office, and to reward those who participate in this program.  There will be age-appropriate simplified versions of the pledge for Middle and Elementary School students because we simply cannot afford to leave any stone unturned in emptying our streets and homes of the guns that killed my brother and kill 41 people every day in America.  That means that every 100 days, more people die of gun violence than died on 911, so yes, this is about fighting terrorism as our first priority in the United States, of making this country safe and secure in every way.”
(7) I am reminded of the “alternative history” movie “Fatherland” where a “Good Nazi” and officer of the SS discovers evidence of mass murder and seeks to defect to the United States to report it, but is reported to the Gestapo and murdered when his very young son follows his schools’ directives and reports his father’s activities as evidence of “mental illness.”  Of course, the use of child informers and reporters is well-documented in the former Soviet Union, by the East German STASI, and throughout the “Cultural Revolution” until today in the People’s Republic of (Red) China.
(8) During the comments period, several members of the audience approvingly commented on the need to psychologically manipulate children and otherwise “treat the psychopathy of guns”.  “There is too much prestige and pride associated with gun ownership and gun use” said one, “we clearly aim at education to turn that around” said Kenneth A. Polite, “we have to develop alternative sanctions to jail, jail is one of the places where the culture of gun use and gun violence is taught among the inmates and passed on from generation to generation; the cycle needs to stop.”
(9) One member of the audience, a psychologist from Santa Barbara, California, recently moved to New Orleans, made a fairly extensive statement about the biological predisposition that can be detected even in small children to the psychopathy of the gun culture and how simple tests should be administered to determine who is “at risk” and to treat these “pre-criminals” to avoid future crimes, to reorient their psychological framework and cultural ideology.  The new U.S. Attorney, Mr. Polite, shook this fellow’s hand afterwards and agreed to meet him “very soon” in his office downtown.
(10) I spoke to Mr. Polite after the meeting and asked him about corruption and in particular the massive foreclosure fraud committed by the banks.  Mr. Polite once again mentioned “prosecutorial discretion” and said that yes, “many desperate people faced with foreclosure have resorted to scams and alternative, illegal programs of resisting foreclosures and that this was a major target of the Justice Department White Collar Crime program Nationwide… It is really terrible when you see people resorting to crime to save their homes, it is so sad.”  I pressed him about the Banks fraud, fraud in the financial service sector and he said that obviously when such issues came up they would be investigated, but that gun related crime took priority over the relatively minor and rare issues of bank and financial institution fraud, “We saw a lot of that when I was an AUSA in New York, but I haven’t heard that’s much of an issue down here,” he said, “our priority is to keep people alive by rooting out gun violence and that means disarming this state and ending the iconic cultural status that guns have in our population; I dream of a gun-free Louisiana, where only law enforcement will ever be able to use deadly force.”
(11)  Kenneth A. Polite, Jr., presents a fine picture and articulate eloquence to the Upper and Upper Middle Class Audience at Trinity, built in 1847 and so the oldest standing Episcopal Church in the entire Louisiana territory purchased from France in 1803 (Christ Church Cathedral, although the congregation was founded in 1805, is housed in a gothic revival Church building begun in the 1880s, and Trinity in Natchitoches, the Second oldest standing Episcopal Church, where my grandmother Helen was baptized and once served as organist, was built in the 1850s).  The audience in Bishop Leonidas Polk Hall (named after Confederate General and Martyr General Leonidas Polk, the First Bishop of Louisiana) was 95% white, with Black maids, nurses, and companions to the elderly constituting the sole representatives of Mr. Polite’s race.  The one black lady to participate in the discussion period questioning complained that her brother was trying to have her “interdicted” (the Louisiana Civil Law Equivalent of civil commitment for mental incompetence)(she had to leave shortly thereafter because it “was her mistress’ bedtime”).  
(12) Upper Class White people fear crime.  White people fear being shot.  Father Mitch Smith described his time in the hospital over the past 8 months visiting a member of the parish perpetually hospitalized after being shot while gardening just a few blocks from Church.  Upper Class White people meeting in Leonidas Polk Hall may not realize the irony of their endorsement of governmental programs of gun confiscation.  The Second Amendment, prior to 1861, was a sure guarantor of the right of the Southern People to Secede, but since the Second Amendment did not carry with it a corresponding duty to keep and manufacture cannons in each state, the South was “outgunned” and ultimately (as Father Mitch recalled) led to the martyrdom of His Grace, General Polk).  
(13) I have previously written about my discussions with New Orleans policemen about the Second Amendment.  Their ambition is to “make sure we are not outgunned.”  Should the people or the Police hold the balance of Power?  In New Orleans and Louisiana, at the present time, there is widespread governmental fear that the government is outgunned in this state, and that the people hold the balance of power.  It is a “clear and present danger” to Federal Supremacy that Kenneth A. Polite, Jr., has come back to his hometown to wipe out forever.
 

Charles Edward Lincoln, III

“Ich bin der Geist der stets verneint, und das mit recht

Matthew 10:34-39
Think not that I am come to send peace on earth: I came not to send peace, but a sword. For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law. And a man’s foes shall be they of his own household.
He that loveth father or mother more than me is not worthy of me: and he that loveth son or daughter more than me is not worthy of me. And he that taketh not his cross, and followeth after me, is not worthy of me. He that findeth his life shall lose it: and he that loseth his life for my sake shall find it.

Evidence surfaces of Severe Mental Illness in 5% of the US Population…

Psychiatrists Deeply Concerned For 5% Of Americans Who Approve Of Congress

NEWS IN BRIEF • Politics • Politicians • Mental Health • ISSUE 49•41 • Oct 9, 2013

WASHINGTON—Noting that the individuals in question may be extremely mentally disturbed or suffering from a serious psychological illness, the nation’s psychiatrists announced Wednesday that they are deeply concerned for the estimated 5 percent of Americans who were found in nationwide polls this week to approve of the U.S. Congress. “With numerous members of Congress refusing to negotiate an end to the shutdown in the face of widespread federal furloughs and a looming deadline to avoid defaulting on government debt, we are extremely concerned for the mental health of those Americans who responded, ‘Yes, we think Congress is doing a good job,’” psychiatrist Dr. Donald Levin said in a press conference this morning, telling reporters that the estimated 15.5 million Americans who approve of Congress are likely “very troubled” citizens who may in fact be experiencing psychotic episodes or delusional thoughts. “We’re not entirely sure who these people are or where they come from—perhaps they are psych ward patients, or unstable recluses living in remote huts on the outskirts of society—but what we do know is that they are extremely disconnected from reality and in need of immediate attention if they are not already receiving it. We need to find these people and get them the help they need before their illnesses get worse.” Psychiatrists added that because a number of mental health services are currently furloughed, many respondents would just have to “sit tight and hang in there” until the shutdown is resolved.

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Can Racial Reconciliation be achieved by Ignoring or Falsifying History? An Open Letter to the Episcopal Bishop of Louisiana regarding “Truth, Honor, and Pride”

I have basically been very happily based in New Orleans, Louisiana, since I arrived here from Maui, Hawaii on December 9 of last year.  You know, there are ups and downs everywhere, but I had missed living in this city ever since I graduated from the Tulane College of Arts & Sciences on May 11, 1980, and have wanted to return here ever since.  I actually did return for several years 1997-2000, but was so wrapped up in my problems in Texas, I was basically bouncing back and forth.  One of the most consistently agreeable aspects of my life in New Orleans has been attending Church at Christ Church Cathedral on St. Charles & 6th Street, occasionally visiting at Trinity on Jackson right around the corner from my temporary home on Prytania (since March 8, 2013). One of the things I love most about New Orleans is its history—basically it’s impossible to take a walk, anywhere in this city, and not confront history face-to-face, it’s everywhere.  Basically, even the majority of the historic architecture in French Quarter really dates from the 19th century city, the actual 18th century buildings number in the dozens at the highest possible count.  The Garden District and “Uptown Audubon” mark a progression through the 19th century into the 20th.  St. Charles itself has been hideously scarred with mid-twentieth century cheap apartment buildings which took the place of many blocks of Victorian houses… but to either side of St. Charles, the historically decimating devastation is less.

How few people realize just how deeply New Orleans was shaped by the ante-bellum era and how loyal it was to the Confederate States of America, ESPECIALLY AFTER (ironically enough) the collapse of that nascent Federal Republic in 1865.

It is also undeniably true that the question of race-relations hangs like a sword of Damocles over the heads of the people of New Orleans.  The question comes up all the time, usually in emotional and rarely in analytical terms.

Ever since I heard, at the beginning of September, about an “Ecumenical Mass of Racial Reconciliation” being planned for January 12-21, 2014, I have been reflecting on the question of race and history in this wonderful town, this city where by dint of history black Americans first created a kind of “Jazz Aristocracy” recognized all over the world in the 1920s….

I wrote my initial thoughts on this question in a letter I just completed and delivered on Wednesday to the Episcopal Bishop of Louisiana and other members of the Clergy at Christ Church and Trinity Church.  

I have been told that in the bad old days of the Civil Rights movement, when the barriers of segregation were first being torn down, they had special “greeters” at Christ Church would take black folks aside and suggest to them that they might be “more comfortable elsewhere.”   The inversion of history is so great, I more than casually wonder whether I’ll now be afforded the same treatment for challenging the modern “politically correct” mythos of race.  

I attach here two versions of my letter to the Bishop and Clergy—only one of which I actually delivered (the October 2, 2013 version in which I reflect on the sinfulness of pride).  

2 October 2013 Letter to Bishop Thompson of Louisiana

1 October 2013 Letter to Bishop Thompson of Louisiana

I owe a great debt to two of my California friends who read over this letter before I delivered it: Shelene Emily Peterson of Belmont and Daniel Christian Mack of San Juan Capistrano.  Shelene keeps my English in line and tries to control my tendency to ramble (obvious with only limited success, although you should see how much she cut out….).  Dan made me realize the error of asserting, oxymoronically, “pride” which is inimical to Christian faith—although it is a critical element of human identity and sanity, it seems to me, that we must love ourselves for what we are.  And our ancestry shapes us, both culturally and genetically, whether we would wish it so or not.